Analysis on the possible Brexit, through the Lisbon Treaty

• Author: Ana-Maria Teodora Andronic, Andy Pusca, Anisoara Popa
• Pages: 498-505

European Integration - Realities and Perspectives. Proceedings 2016

498

Analyses on the Possible Brexit through the Lisbon Treaty

Ana-Maria Teodora Andronic1, Andy Pușcă2, Anișoara Popa3

Abstract: Europe is facing a soci al crisis like never before, and this comes just after an economical one. The

huge flow of migrants that started crossing into Europe at the end of 2015 was just the straw that broke the

camel for Great Britain, because the Brits were threatening to leave the EU for some time. Prime Minister

David Cameron has warned his European counterparts that his country might leave if his demands are not

met. He clearly affirmed that he wants to stay in the EU, but under different rules. He negotiated a package of

reforms, demanding concessions from a frightened Brussels, that has seen almost inevitable the change in

some EU treaty terms. The PM used the 2011 European Union Act at the negotiations, document which

requires any EU treaty that passes n ew powers to Brussels to be put to an internal British referendum. On

June 23rd there is set a referendum on the country’s membership to the EU. But this amount of uncertainty led

to the fall of th e pound (reaching its lowest l evel since 2009), to fear for the investors and furious debates

between the political parties. We shall further analyze the Lisbon Treaty, in order to better understand the

legislation behind this European-wide tension, and to explain the implications of such an event.

Keywords: Brexit; European Union; referendum; Lisbon Treaty; United Kingdom; employees’ rights;

migration

1. Introduction

Voluntary Withdrawal from EU of a Member State- Before the Lisbon Treaty

It is necessary to state that never before since the creation of the Economic Community of Coal and

Steel in 1951 until today, none of the member states left the EU, in neither of the versions in which it

has presented itself. The possibility of voluntary withdrawal was not mentioned in the Constitutive

Treaties, before adopting the Lisbon Treaty in 2009 (signed in 2007). But neither the Accession

Treaties of every member state don’t have such a clause, although in theory, this right is recognized.

Procedural forms to support such an initiative were not established, and this is due to an accumulation

of reasons.

According to the European doctrine, the lack of regulation in the EU is due to the absolute confidence

that the countries' leaders have had in the stability and durability of the construction of Europe. And

the presence of such regulations would have put to doubt the arrangement between the nations, allied

to achieve common objectives, assumed by the founding Treaties. It would have boosted the risk of

1Assistant at the International Cooperation Center and Master Student at Danubius University of Galati, Romania, Address: 3

Galati Blvd., Galati 800654, Romania, Tel.: +40372361102, Corresponding author: aanateodora@yahoo.com.

2Associate Professor, PhD, Rector of Danubius University of Galati, Romania, Address: 3 Galati Blvd. , Galati 800654,

Romania, Tel.: +40372361102, Corresponding author: andypusca@univ-danubius.ro.

3Professor, PhD, Department of Comunications International and Relation, Danubius University of Galati, Romania,

Address: 3 Galati Blvd., Galati 800654, Romania, Tel.: +40372361102, Corresponding author: apopa@univ-danubius.ro.